287.05
287.05
State solid waste reduction, reuse, recycling, composting and resource recovery policy. The following are declared to be policies of the state concerning the reduction of the amount of solid waste generated, the reuse, recycling and composting of solid waste and resource recovery from solid waste:
287.05(1)
(1) That maximum solid waste reduction, reuse, recycling, composting and resource recovery is in the best interest of the state in order to protect public health, to protect the quality of the natural environment and to conserve resources and energy.
287.05(2)
(2) That solid waste reduction, reuse, recycling, composting and resource recovery projects should be encouraged in furtherance of these goals.
287.05(3)
(3) That encouragement and support should be given to individuals, collectors, handlers and operators of waste facilities to separate solid waste at the source, in processing or at the time of disposal in order to facilitate reuse, recycling, composting or resource recovery.
287.05(4)
(4) That research, development and innovation in the design, management and operation of solid waste reduction, reuse, recycling, composting and resource recovery systems and operations are necessary and should be encouraged in order to improve the processes, to lower operating costs and to provide incentives for the use of these systems and operations and their products.
287.05(4m)
(4m) That the initiatives of current recyclers which facilitate reuse and recycling through separation, collection and processing of substantial volumes of scrap and waste material, reducing the amount of mixed solid waste that is disposed of in landfills or burned without energy recovery in incinerators, should be encouraged.
287.05(4s)
(4s) That the burning of solid waste with energy recovery as a substitute for the burning of nonrenewable fuels, such as coal, to generate steam or electricity is in the public interest and should be encouraged, if done in a state-approved program that protects the public health and welfare and the environment.
287.05(5)
(5) That the implementation of solid waste reduction, reuse, recycling, composting and resource recovery systems and operations requires the involvement and cooperation of all persons and entities comprising this state's society, including individuals, state and local governments, schools, private organizations and businesses. To achieve this involvement and cooperation, state government should rely to the maximum extent feasible on technical and financial assistance, education and managerial practices to implement these policies. Necessary regulations should be developed with maximum flexibility.
287.05(6)
(6) That solid waste reduction, reuse, recycling, composting and resource recovery efforts in this state should be planned and coordinated in order to maximize beneficial results while minimizing duplication and inefficiency.
287.05(7)
(7) That to achieve the goals in this policy statement the legislature recognizes the necessity of the state to occupy a regulatory role in this field and the necessity to give municipalities and counties certain powers to adopt waste flow control ordinances in order to require the use of recycling and resource recovery facilities.
287.05(8)
(8) That the powers enumerated under
s. 287.13 constitute proper powers consistent with uniform state policies concerning solid waste reduction, reuse, recycling, composting and resource recovery from solid waste; these powers are necessary for the safe, beneficial, economical and lawful management of solid waste; and these powers are necessary to accomplish or facilitate these uniform state policies by encouraging the financing, acquisition, construction, improvement, operation, maintenance and ownership of recycling and resource recovery facilities. The powers enumerated under
s. 287.13 constitute proper powers consistent with essential and legitimate governmental functions; and these powers are to be utilized in providing for the health, safety and welfare of and providing services and benefits for inhabitants of municipalities, counties and this state.
287.05(9)
(9) That the state policies declared under this section and the standards, criteria, requirements and procedures established under
s. 287.13 ensure that a municipality or county exercising powers under
s. 287.13 acts in a manner consistent with uniform state policies and acts as an arm of the state for the public good.
287.05(10)
(10) That solid waste reduction, reuse, recycling, composting and resource recovery systems and operations are preferable to land disposal.
287.05(11)
(11) That developers and users of land disposal facilities should not become overly committed to land disposal because of the excessively long useful life of a facility or the excessive aggregate capacity of land disposal facilities so that reuse, recycling, composting and resource recovery systems and operations may be implemented rapidly without excessive disruption.
287.05(12)
(12) That in the management of solid waste, whenever possible and practical, the state encourages the following priorities:
287.05(12)(a)
(a) The reduction of the amount of solid waste generated.
287.05(12)(g)
(g) The burning of solid waste without energy recovery.
287.05 History
History: 1983 a. 27,
93,
425,
426;
1989 a. 335 ss.
52,
54 to
56,
76; Stats. 1989 s. 159.05;
1995 a. 227 s.
887; Stats. 1995 s. 287.05.
287.05 Cross-reference
Cross Reference: See also chs.
NR 540 and
722, Wis. adm. code.
SOLID WASTE REDUCTION, RECOVERY
AND RECYCLING
287.07
287.07
Prohibitions on land disposal and incineration. 287.07(1m)(1m)
Batteries, major appliances and oil. No person may:
287.07(1m)(a)
(a) Dispose of a lead acid battery or a major appliance in a solid waste disposal facility in this state, except that a person may dispose of a microwave oven in a solid waste disposal facility in this state if the capacitor has been removed and disposed of in accordance with
s. 299.45 (7), if applicable.
287.07(1m)(am)
(am) Burn a lead acid battery or a major appliance in a solid waste treatment facility in this state.
287.07(1m)(b)
(b) Dispose of waste oil in a solid waste disposal facility or burn waste oil without energy recovery in a solid waste treatment facility in this state.
287.07(2)
(2) Yard waste. Beginning on January 3, 1993, no person may dispose of yard waste in a solid waste disposal facility, except in a land spreading facility approved in accordance with
ch. 289, or burn yard waste without energy recovery in a solid waste facility in this state.
287.07(3)
(3) General disposal restrictions. Beginning on January 1, 1995, no person may dispose of in a solid waste disposal facility or burn without energy recovery in a solid waste treatment facility in this state any of the following:
287.07(3)(e)
(e) A magazine or other material printed on similar paper.
287.07(3)(f)
(f) A newspaper or other material printed on newsprint.
287.07(3)(k)
(k) A container for carbonated or malt beverages that is primarily made of a combination of steel and aluminum.
287.07(4)
(4) General incineration restrictions. Beginning on January 1, 1995, no person may convert into fuel or burn with energy recovery at a solid waste treatment facility in this state any of the following:
287.07(4)(f)
(f) A magazine or other material printed on similar paper.
287.07(4)(g)
(g) A newspaper or other material printed on newsprint.
287.07(4)(k)
(k) A container for carbonated or malt beverages that is primarily made of a combination of steel and aluminum.
287.07(7)(a)(a) The prohibitions in
subs. (3) and
(4) do not apply with respect to solid waste, except medical waste, as defined in
par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under
s. 287.11. This paragraph does not apply to solid waste that is separated for recycling as part of an effective recycling program under
s. 287.11.
287.07(7)(b)1.a.
a. "Current service area" means the area served by a solid waste treatment facility under a contract that is in effect on January 1, 1993, and has a term of at least one year.
287.07(7)(b)1.b.
b. "Operating solid waste treatment facility" means a solid waste treatment facility that has an operating permit or license issued under
s. 285.60 or
289.31 prior to May 11, 1990, except for a medical waste incinerator, as defined in
par. (c) 1. cr.
287.07(7)(b)2.
2. A prohibition in
sub. (3) (b),
(c),
(e),
(f),
(g),
(h) or
(j) or
(4) (b),
(c),
(f),
(g),
(h) or
(i) does not apply to a person who converts into fuel or burns at an operating solid waste treatment facility a type of material identified in one of those paragraphs that was converted into fuel or burned at the operating solid waste treatment facility during April, 1990, and either is generated in the operating solid waste treatment facility's current service area or is generated by the owner of the operating solid waste treatment facility.
287.07(7)(b)3.
3. The prohibitions in
subs. (3) and
(4) do not apply to a person who converts into fuel or burns at an operating solid waste treatment facility any material identified in those subsections if the person converted into fuel or burned the material at the operating solid waste treatment facility during April, 1990, and the material is generated outside of this state.
287.07(7)(bg)
(bg) The prohibitions in
subs. (1m) to
(4) do not apply to a person who burns solid waste at a facility that uses solid waste as a supplemental fuel if less than 30% of heat input to the facility is derived from the solid waste burned as supplemental fuel.
287.07(7)(c)1.a.
a. "Clinic" means a place, other than a residence, that is used primarily for the provision of nursing, medical, podiatric, dental, chiropractic, optometric or veterinary care and treatment.
287.07(7)(c)1.c.
c. "Infectious waste" means solid waste that contains pathogens with sufficient virulence and in sufficient quantity that exposure of a susceptible human or animal to the solid waste could cause the human or animal to contract an infectious disease.
287.07(7)(c)1.cg.
cg. "Medical waste" means containers, packages and materials identified under
sub. (3) or
(4) that contain infectious waste or that are from a treatment area and are mixed with infectious waste.
287.07(7)(c)1.cr.
cr. "Medical waste incinerator" means a solid waste treatment facility that primarily burns infectious waste and other waste that contains or may be mixed with infectious waste.
287.07(7)(c)1.e.
e. "Treatment area" means a room or area in a hospital or clinic the primary use of which is to provide emergency care, diagnosis or radiological treatment; an obstetrics delivery room in a hospital, other than a patient's room; or a room or area in a hospital, clinic or nursing home, identified by the department by rule, in which infectious waste is generated.
287.07(7)(c)2.
2. The prohibitions in
subs. (3) and
(4) do not apply with respect to any of the following:
287.07(7)(c)2.a.
a. The burning of medical waste in a medical waste incinerator or other incinerator approved by the department to accept and burn medical waste, except as provided in
subd. 3.
287.07(7)(c)2.b.
b. The disposal of, in a solid waste disposal facility, a container, package or material identified under
sub. (3) or
(4) that contained infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated, pursuant to standards established under
ch. 289, to render the infectious waste noninfectious.
287.07(7)(c)3.
3. A person may not burn medical waste at a medical waste incinerator unless the person complies with
s. 285.53 (1), if applicable, and obtains from each generator of the medical waste a copy of the policies under
sub. (8) (a) and the annual assessment under
sub. (8) (b).
287.07(7)(d)
(d) The department may grant, to a responsible unit or out-of-state unit, an exception to a prohibition in
sub. (3) or
(4) for up to one year for a material identified in
sub. (3) or
(4) in the event of an unexpected emergency condition.
287.07(7)(e)
(e) The department may grant a waiver to the prohibition in
sub. (2) to allow the burning of brush or other clean woody vegetative material that is no greater than 6 inches in diameter at wood burning facilities that are licensed or permitted under
chs. 281,
285 and
289 to
299 under conditions established by the department relating to the feasibility of complying with the prohibition in
sub. (2).
287.07(7)(f)
(f) The prohibitions in
subs. (2) and
(3) do not apply to the beneficial reuse of a material within a solid waste disposal facility if the beneficial reuse of the material is approved in the solid waste disposal facility's plan of operation under
s. 289.30.
287.07(7)(g)1.1. Except as provided in
subd. 2., the department may grant a waiver or conditional waiver to a restriction in
sub. (3) or
(4) if all of the following apply:
287.07(7)(g)1.a.
a. The applicant shows to the satisfaction of the department that the recyclable material has been contaminated and cannot feasibly be cleaned for recycling.
287.07(7)(g)1.b.
b. The department determines that granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under
s. 287.05.
287.07(7)(g)2.
2. The department may not grant a waiver or a conditional waiver under
subd. 1. for material that has been intentionally or negligently contaminated.
287.07(7)(h)1.1. The department may grant a waiver or conditional waiver to a restriction under
sub. (3) (c) or
(h) or
(4) (c) or
(i) for plastics other than polyethylene terephthalate or high-density polyethylene if the department determines all of the following:
287.07(7)(h)1.a.
a. Recycling of the material is not feasible or practical in light of current markets or available technologies.
287.07(7)(h)1.b.
b. Granting the waiver or conditional waiver will not impede progress toward meeting the goals of the state solid waste policy under
s. 287.05.
